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Appendix 12: Excerpt from Ngāti Awa Claims Settlement Act 2005 (statutory acknowledgements and deeds of recognition)

Statutory acknowledgements

40 Statutory acknowledgements by the Crown

The Crown acknowledges the statements made by Ngāti Awa of the particular cultural, spiritual, historical, and traditional association of Ngāti Awa with the statutory areas listed in Parts 1 and 2 of Schedule 3, the texts of which are set out in Schedules 4 to 14.

41 Purposes of statutory acknowledgements

  1. The only purposes of the statutory acknowledgements are—
    1. to require relevant consent authorities, the Environment Court, and the Historic Places Trust to have regard to the statutory acknowledgements, as provided for in sections 42 to 44; and
    2. to require relevant consent authorities to forward summaries of resource consent applications to the Ngāti Awa governance entity, as provided for in section 46; and
    3. to enable the Ngāti Awa governance entity and a member of Ngāti Awa to cite the statutory acknowledgements as evidence of the association of Ngāti Awa with the relevant statutory areas, as provided for in section 47; and
    4. to provide a statement by Ngāti Awa, for inclusion in a deed of recognition, of the association of Ngāti Awa with a statutory area.
  2. This section does not limit the operation of sections 54 to 57.

42 Consent authorities must have regard to statutory acknowledgements

  1. From the effective date, a relevant consent authority must have regard to a statutory acknowledgement relating to a statutory area in forming an opinion in accordance with sections 93 to 94C of the Resource Management Act 1991 as to whether the Ngāti Awa governance entity is a person who may be adversely affected by the granting of a resource consent for activities within, adjacent to, or impacting directly on, the statutory area.
  2. Subsection (1) does not limit the obligations of a relevant consent authority under Part 2 of the Resource Management Act 1991.

43 Environment Court to have regard to statutory acknowledgements

  1. From the effective date, the Environment Court must have regard to a statutory acknowledgement in determining under section 274 of the Resource Management Act 1991 whether the Ngāti Awa governance entity is a person having an interest in the proceedings greater than the public generally in respect of an application for a resource consent for activities within, adjacent to, or impacting directly on the statutory area.
  2. Subsection (1) does not limit the obligations of the Environment Court under Part 2 of the Resource Management Act 1991.

44 Historic Places Trust and Environment Court to have regard to statutory acknowledgements

From the effective date, the Historic Places Trust and the Environment Court must have regard to a statutory acknowledgement in forming an opinion under section 14(6)(a) or section 20(1) of the Historic Places Act 1993, as the case may be, as to whether the Ngāti Awa governance entity is a person directly affected in relation to an archaeological site within the statutory area.

45 Recording statutory acknowledgements on statutory plans

  1. From the effective date, local authorities with jurisdiction in an area that includes a statutory area must attach information recording a statutory acknowledgement to all statutory plans that wholly or partly cover the statutory area.
  2. The attachment of information under subsection (1) to a statutory plan—
    1. may be by reference to this subpart or by setting out the statutory acknowledgement in full; and
    2. is for the purpose of public information only, and the information is not—
      1. part of the statutory plan (unless adopted by the relevant local authority); or
      2. subject to the provisions of Schedule 1 of the Resource Management Act 1991.
  3. In this section, statutory plan—
    1. means a district plan, proposed plan, regional coastal plan, regional plan, or regional policy statement as defined in section 2(1) of the Resource Management Act 1991; and
    2. includes a proposed policy statement provided for in Schedule 1 of the Resource Management Act 1991.

46 Distribution of resource consent applications to Ngāti Awa governance entity

  1. A relevant consent authority must, for a period of 20 years from the effective date, forward to the Ngāti Awa governance entity a summary of resource consent applications received by that consent authority for activities within, adjacent to, or impacting directly on a statutory area.
  2. The information provided under subsection (1) must be—
    1. the same as would be given under section 93 of the Resource Management Act 1991 to persons likely to be adversely affected, or as may be agreed between the Ngāti Awa governance entity and the relevant consent authority; and
    2. provided as soon as is reasonably practicable after the application is received, and before a determination is made in accordance with sections 93 to 94C of the Resource Management Act 1991.
  3. The Ngāti Awa governance entity may, by notice in writing to a relevant consent authority,—
    1. waive its rights to be notified under this section; and
    2. state the scope of that waiver.
  4. This section does not affect the obligation of a consent authority to—
    1. notify an application in accordance with sections 93 to 94C of the Resource Management Act 1991:
    2. form an opinion as to whether the Ngāti Awa governance entity is a person that is likely to be adversely affected under those sections.

47 Use of statutory acknowledgement

  1. The Ngāti Awa governance entity and a member of Ngāti Awa may, as evidence of the association of Ngāti Awa with a statutory area, cite the relevant statutory acknowledgement in submissions to, and in proceedings before, a relevant consent authority, the Environment Court, or the Historic Places Trust concerning activities within, adjacent to, or impacting directly on the statutory area.
  2. The content of the statement of association, as recorded in the statutory acknowledgement, is not, by virtue of the statutory acknowledgement, binding as deemed fact on—
    1. relevant consent authorities:
    2. the Environment Court:
    3. the Historic Places Trust:
    4. parties to proceedings before those bodies:
    5. any other person able to participate in those proceedings.
  3. Despite subsection (2), the statutory acknowledgement may be taken into account by the bodies and persons specified in that subsection.
  4. Neither the Ngāti Awa governance entity nor a member of Ngāti Awa is precluded from stating that Ngāti Awa have an association with a statutory area that is not described in the statutory acknowledgement.
  5. The content and existence of the statutory acknowledgement do not limit a statement made under subsection (4).

Deeds of recognition

48 Authorisation to enter into and amend deeds of recognition

A Minister of the Crown with statutory responsibility for land within a statutory area, or the Commissioner of Crown Lands, may—

  1. enter into deeds of recognition with the Ngāti Awa governance entity—
    1. in respect of the land within the statutory areas referred to in Part 2 of Schedule 3; and
    2. in the form set out for each statutory area (or part of an area) in the schedules of the Ngāti Awa deed of settlement; and
  2. amend a deed of recognition by entering into a deed with the Ngāti Awa governance entity to amend that deed of recognition.

49 Purpose of deed of recognition

  1. The only purpose of a deed of recognition is to require that the Ngāti Awa governance entity be consulted, and regard be had to its views, as provided for in the Ngāti Awa deed of settlement and in each deed of recognition.
  2. Subsection (1) does not limit or affect sections 54 to 57.

50 Termination of deeds of recognition

A deed of recognition terminates in respect of a statutory area, or part of it, if—

  1. the Ngāti Awa governance entity and a Minister of the Crown or the Commissioner of Crown Lands agree in writing that a deed of recognition is no longer appropriate for the area concerned; or
  2. the area concerned is disposed of by the Crown; or
  3. there is a change in the Minister or department of State responsible for the management of the area concerned.

51 Crown management

The entry into a deed of recognition does not, in relation to a statutory area to which the deed of recognition applies,—

  1. require the Crown to increase or resume management or administrative functions; or
  2. preclude the Crown from undertaking only limited management or administrative functions.

Application of statutory acknowledgements and deeds of recognition in relation to rivers

52 Statutory acknowledgements in relation to rivers

If a statutory acknowledgement relates to a river, the statutory acknowledgement does not include—

  1. a part of the bed of the river that is not owned by the Crown; or
  2. land that the waters of the river do not cover at its fullest flow without overlapping its banks; or
  3. an artificial watercourse; or
  4. a tributary flowing into the river.

53 Deeds of recognition for rivers

If a deed of recognition relates to a river, that deed of recognition relates only to the bed of the river, which does not include—

  1. a part of the bed that is not owned and managed by the Crown; or
  2. land that the waters of the river do not cover at its fullest flow without overlapping its banks; or
  3. the bed of an artificial watercourse; or
  4. the bed of a tributary flowing into the river.

General provisions

54 Crown not precluded from granting other statutory acknowledgements or deeds of recognition

Neither the provision of a statutory acknowledgement nor the entry into a deed of recognition precludes the Crown from providing a statutory acknowledgement to, or entering into a deed of recognition with, persons other than Ngāti Awa or the Ngāti Awa governance entity with respect to the same area.

55 Exercise of powers, duties, and functions not affected

  1. Except as expressly provided in this subpart,—
    1. neither a statutory acknowledgement nor a deed of recognition affects, or may be taken into account by, a person exercising a power or performing a function or duty under a statute, regulation, or bylaw:
    2. no person, in considering a matter or making a decision or recommendation under a statute, regulation, or bylaw may give greater or lesser weight to the association of Ngāti Awa with a statutory area (as described in the relevant statutory acknowledgement) than that person would give under the relevant statute, regulation, or bylaw if no statutory acknowledgement or deed of recognition existed in respect of the statutory area.
  2. Subsection (1)(b) does not affect the operation of subsection (1)(a).

56 Rights not affected

Except as expressly provided in this subpart, neither a statutory acknowledgement nor a deed of recognition affects the lawful rights or interests of a person who is not a party to the Ngāti Awa deed of settlement.

57 Limitation of rights

Except as expressly provided in this subpart, neither a statutory acknowledgement nor a deed of recognition has the effect of granting, creating, or providing evidence of an estate or interest in, or rights relating to, a statutory area.

 

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